The Human Right to Water in Latin America

Challenges to Implementation and Contribution to the Concept

In: Brill Research Perspectives in International Water Law
Anna Berti Suman Tilburg Institute for Law, Technology and Society (TILT), Tilburg Law School, Tilburg University, The Netherlands

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This monograph investigates the development of the right to water (RtW) and of water law in the Latin American context. Specifically, it examines the significance of Latin American (la) constitutional evolution, doctrine, and jurisprudential contribution in stimulating the social, political, and economic debate on the RtW, regionally and worldwide. Firstly, an overview on the RtW in la constitutions is provided and the impact of the findings is highlighted. The main la water management systems are then reviewed with an acknowledgment that an analysis of the RtW has to take account of its application in specific contexts. The intrinsic connection between the RtW and the role of the private sector is examined through specific insights into the highly privatized Chilean water services. Lessons learnt from the la experience are outlined in the conclusion and their relevance for the global debate on the RtW is illustrated.

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